State v. Hockett
Missouri Court of Appeals
Error to Jasper Circuit Court. — Hon. Howard Gran/, Judge. (1) The court had no authority or jurisdiction to pass sentence upon the defendants at the June term, 1907, upon a plea of guilty entered at the November term, 1906. People ex rel. Smith v. Allen (111.), 39 N. E. 568; United States v. Wilson, 46 Fed. 748; Colby, Cr. Law, 392; People v. Morrisette, 20 How. Pr. 118; People v. Court of Sessions Sup.,-19 N. W. 508; Weaver v. People, 33 Mich. 295; People ex rel.v.
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Error to Jasper Circuit Court. — Hon. Howard Gran/, Judge. (1) The court had no authority or jurisdiction to pass sentence upon the defendants at the June term, 1907, upon a plea of guilty entered at the November term, 1906. People ex rel. Smith v. Allen (111.), 39 N. E. 568; United States v. Wilson, 46 Fed. 748; Colby, Cr. Law, 392; People v. Morrisette, 20 How. Pr. 118; People v. Court of Sessions Sup.,-19 N. W. 508; Weaver v. People, 33 Mich. 295; People ex rel.v. Barrett, 67 N. E. 23; People v. Blackburn (Utah), 23 Pac. 759; People v. Brown, 54 Mich. 15,19 N. W. 571.
1Opinion of the CourtEllison, J.
The defendants were proceeded against on an information by the prosecuting attorney of Jasper county for selling intoxicating liquors on Sunday and for keeping open his licensed dramshop on that day. At. the November term, 1906, they pleaded guilty. On the plea being entered the record recites that “thereupon by agreement, the assessing of punishment and sentence is deferred to some future time.” The defendants were permitted to go at large without bail. No further entry appears of record for that term after that just quoted. The regular February term passed with no mention of the case. At…
2Cases cited8 opinions
- People Ex Rel. Forsyth v. . Court of SessionsNew York Court of Appeals · 1894
- People ex rel. Smith v. AllenIllinois Supreme Court · 1895
- People v. BrownMichigan Supreme Court · 1884
- United States v. WilsonU.S. Circuit Court for the District of Idaho · 1891
- Harris v. PeopleIllinois Supreme Court · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Ex Parte United StatesSupreme Court of the United States · 1916
- Montgomery v. StateSupreme Court of Alabama · 1935
- Ex parte BuggMissouri Court of Appeals · 1912
- State ex rel. Dawson v. SappSupreme Court of Kansas · 1912
- Ex Parte ThornberrySupreme Court of Missouri · 1923
19 more not listed; retrieve them via the Exa API.